| Migratory Bird Treaty Act |
Establishment of a Federal prohibition, unless permitted
by regulations, to "pursue, hunt, take, capture, kill, attempt to take,
capture or kill, possess, offer for sale, sell, offer to purchase,
purchase, deliver for shipment, ship, cause to be shipped, deliver for
transportation, transport, cause to be transported, carry, or cause to
be carried by any means whatever, receive for shipment, transportation
or carriage, or export, at any time, or in any manner, any migratory
bird, included in the terms of this Convention . . . for the protection
of migratory birds . . . or any part, nest, or egg of any such bird."
(16 U.S.C. 703)
P.L. 105-312, Migratory Bird Treaty Reform Act of 1998, amended the
law to make it unlawful to take migratory game birds by the aid of bait
if the person knows or reasonably should know that the area is baited.
This provision eliminates the "strict liability" standard that was used
to enforce Federal baiting regulations and replaces it with a "know or
should have known" standard. These amendments also make it unlawful to
place or direct the placement of bait on or adjacent to an area for the
purpose of taking or attempting to take migratory game birds, and makes
these violations punishable under title 18 United States Code, (with
fines up to $100,000 for individuals and $200,000 for organizations),
imprisonment for not more than 1 year, or both. The new amendments
require the Secretary of Interior to submit to the Senate Committee on
Environment and Public Works and the House Committee on Resources a
report analyzing the effect of these amendments and the practice of
baiting on migratory bird conservation and law enforcement. The report
to Congress is due no later than five years after enactment of the new
law.
P.L. 105-312 also amends the law to allow the fine for misdemeanor
convictions under the Migratory Bird Treaty Act to be up to $15,000
rather than $5000.
from
http://laws.fws.gov/lawsdigest/migtrea.html |
| Endangered Species Act |
The purposes of this Act are to provide a means whereby the
ecosystems upon which endangered species and threatened species depend
may be conserved, to provide a program for the conservation of such
endangered species and threatened species, and to take such steps as may
be appropriate to achieve the purposes of the treaties and conventions
set forth in subsection (a) of this section SEC. 11.
(a) CIVIL PENALTIES. -
(1) Any person who knowingly violates, and any person engaged in
business as an importer or exporter of fish, wildlife, or plants who
violates, any provision of this Act, or any provision of any permit or
certificate issued hereunder, or of any regulation issued in order to
implement subsection (a)(1)(A), (B), (C), (D), (E), or (F), (a)(2)(A),
(B), (C), or (D), (c), (d) (other than regulation relating to
recordkeeping or filing of reports), (f), or (g) of section 9 of this
Act, may be assessed a civil penalty by the Secretary of not more than
$25,000 for each violation. Any person who knowingly violates, and any
person engaged in business as an importer or exporter of fish, wildlife,
or plants who violates, any provision of any other regulation issued
under this Act may be assessed a civil penalty by the Secretary of not
more than $12,000 for each such violation. Any person who otherwise
violates any provision of this Act, or any regulation, permit, or
certificate issued hereunder, may be assessed a civil penalty by the
Secretary of not more than $500 for each such violation. No penalty may
be assessed under this subsection unless such person is given notice and
opportunity for a hearing with respect to such violation. Each violation
shall be a separate offense. Any such civil penalty may be remitted or
mitigated by the Secretary. Upon any failure to pay a penalty assessed
under this subsection, the Secretary may request the Attorney General to
institute a civil action in a district court of the United States for
any district in which such person is found, resides, or transacts
business to collect the penalty and such court shall have jurisdiction
to hear and decide any such action. The court shall hear such action on
the record made before the Secretary and shall sustain his action if it
is supported by substantial evidence on the record considered as a
whole.
(2) Hearings held during proceedings for the assessment of civil
penalties by paragraph (1) of this subsection shall be conducted in
accordance with section 554 of title 5, United States Code. The
Secretary may issue subpoenas for the attendance and testimony of
witnesses and the production of relevant papers, books, and documents,
and administer oaths. Witnesses summoned shall be paid the same fees and
mileage that are paid to witnesses in the courts of the United States.
In case of contumacy or refusal to obey a subpoena served upon any
person pursuant to this paragraph, the district court of the United
States for any district in which such person is found or resides or
transacts business, upon application by the United States and after
notice to such person, shall have jurisdiction to issue an order
requiring such person to appear and give testimony before the Secretary
or to appear and produce documents before the Secretary, or both, and
any failure to obey such order of the court may be punished by such
court as a contempt thereof.
(3) Notwithstanding any other provision of this Act, no civil penalty
shall be imposed if it can be shown by a preponderance of the evidence
that the defendant committed an act based on a good faith belief that he
was acting to protect himself or herself, a member of his or her family,
or any other individual from bodily harm, from any endangered or
threatened species.
(b) CRIMINAL VIOLATIONS. -
(1) Any person who knowingly violates any provision of this Act, of any
permit or certificate issued hereunder, or of any regulation issued in
order to implement subsection (a)(1)(A), (B), (C), (D), (E), or (F);
(a)(2)(A), (B), (C), or (D), (c), (d) (other than a regulation relating
to recordkeeping, or filing of reports), (f), or (g) of section 9 of
this Act shall, upon conviction, be fined not more than $50,000 or
imprisoned for not more than one year, or both. Any person who knowingly
violates any provision of any other regulation issued under this Act
shall, upon conviction, be fined not more than $25,000 or imprisoned for
not more than six months, or both.
(2) The head of any Federal agency which has issued a lease, license,
permit, or other agreement authorizing a person to import or export
fish, wildlife, or plants, or to operate a quarantine station for
imported wildlife, or authorizing the use of Federal lands, including
grazing of domestic livestock, to any person who is convicted of a
criminal violation of this Act or any regulation, permit, or certificate
issued hereunder may immediately modify, suspend, or revoke each lease,
license, permit, or other agreement. The Secretary shall also suspend
for a period of up to one year, or cancel, any Federal hunting or
fishing permits or stamps issued to any person who is convicted of a
criminal violation of any provision of this Act or any regulation,
permit, or certificate issued hereunder. The United States shall not be
liable for the payments of any compensation, reimbursement, or damages
in connection with the modification, suspension, or revocation of any
leases, licenses permits stamps, or other agreements pursuant to this
section.
(3) Notwithstanding any other provision of this Act, it shall be a
defense to prosecution under this subsection if the defendant committed
the offense based on a good faith belief that he was acting to protect
himself or herself, a member of his or her family, or any other
individual, from bodily harm from any endangered or threatened species.
from
http://endangered.fws.gov/esa.html |
